Charging orders—what are they and when to use them—CPR 73
Charging orders—what are they and when to use them—CPR 73

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Charging orders—what are they and when to use them—CPR 73
  • Charging orders—the changes in force as from 6 April 2016
  • Charging orders under the regime in force from 6 April 2016—related guidance
  • What are charging orders?
  • Charging orders and interest
  • What is the jurisdiction for seeking a charging order?
  • Can you obtain a charging order for default on payments by instalments?
  • Can you obtain a charging order in respect of an, as yet, unquantified beneficial interest?
  • What is the court's discretion to make a charging order?
  • Can you obtain a charging order in respect of a non-party state entity?

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in force with effect from 6 April 2016.

Charging orders—the changes in force as from 6 April 2016

With effect from 6 April 2016 the procedure for seeking an interim and final charging order has changed, with amendment being made to CPR 73 and CPR PD 73 accordingly. The provisions of the Charging Orders Act 1979 (COA 1979) remain unchanged.

The aim of the changes is to centralise the process for dealing with straightforward charging order applications via issue in the County Court Money Claims Centre (CCMCC), with such applications being dealt with by a court officer and only referred for judicial consideration if requested. Similarly, the requirement for a hearing to determine the making of an interim charging order final is dispensed with in straight forward cases, again, unless requested otherwise (for guidance on procedure regarding charging orders in the County Court Money Claims Centre (CCMCC), as well as on CPR PD 51T—The County Court Legal Advisers Pilot Scheme—Final Charging Orders in the CCMCC, see Practice Note: Charging orders—procedure in the County Court Money Claims Centre (CCMCC cases).

Although not specifically stated by the Civil Procedure Rules Committee (CPRC), it is considered that the existing case